Terms and Conditions for Marking.ai

Introduction and Acceptance

1.1 These Terms and Conditions ("Terms") govern your use of the Marking.ai platform ("Platform") provided by Marking.ai (Pty) Ltd ("Company"). By using the Platform, you agree to these Terms and any additional terms and policies referenced herein.

1.2 If you are accessing or using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

1.3 The Company reserves the right to modify or update these Terms at any time without notice. Your continued use of the Platform following any such modifications constitutes your acceptance of the revised Terms.

Use of the Platform

2.1 The Platform is intended for use by educators and students for the purpose of creating, submitting, and grading assessments. You are responsible for ensuring that your use of the Platform complies with all applicable laws, regulations, and policies.

2.2 You must provide accurate and complete information when registering for an account on the Platform. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

2.3 You may not use the Platform to:

(a) Violate any applicable law or regulation;
(b) Infringe any intellectual property, privacy, or other rights of the Company or any third party;
(c) Interfere with or disrupt the Platform or its servers, networks, or services;
(d) Transmit any viruses, malware, or other harmful code;
(e) Use the Platform to harass, defame, or intimidate any person;
(f) Engage in any other activity that the Company, in its sole discretion, determines to be harmful, offensive, or disruptive.

Assessments and Feedback

3.1 Educators may create, upload, or generate assessments on the Platform for their students to complete.

3.2 Students may only submit assessments that they have personally completed. Any attempts to cheat or plagiarize will result in the assessment being invalidated.

3.3 The Platform uses AI technology to provide suggested grades and detailed feedback to students. The educator is responsible for reviewing and editing the suggested grades and feedback before releasing them to students.

3.4 The Company does not guarantee the accuracy or completeness of any grades or feedback provided by the Platform. Educators and students should use their own professional judgment when assessing and interpreting the results.

Billing and Payment

4.1 The Platform is available on a monthly subscription basis. Users may add a debit or credit card to their account to pay for the subscription.

4.2 The Company reserves the right to modify the subscription fees at any time with notice to users.

Refunds, Cancellations, and Termination

5.1 The Company does not offer refunds for any fees paid for the Platform. 

5.2 Users may cancel their subscription at any time. Cancellation will take effect at the end of the current billing period.

5.3 The Company may terminate a user's account for any reason, including but not limited to violation of these Terms or violation of any applicable law or regulation.

Liability Limitations, Disclaimers, and Indemnification

6.1 The Company is not liable for any damages or losses arising from your use of the Platform, including but not limited to direct, indirect, incidental, special, or consequential damages, or any loss of profits, revenue, data, or goodwill.

6.2 The Company does not warrant that the Platform will be error-free, uninterrupted, or secure. The Platform is provided on an "as is" and "as available" basis.

6.3 You agree to indemnify and hold the Company, its affiliates, officers, agents, and employees harmless from any claims, damages, losses, or expenses arising from your use of the Platform or violation of these Terms.

Intellectual Property Rights

7.1 The Platform and all intellectual property rights in the Platform are owned by the Company or its licensors. You may not use, reproduce, modify, distribute, or create derivative works based on the Platform without the Company's prior written consent.

7.2 The Company respects the intellectual property rights of others and expects its users to do the same. If you believe that any content on the Platform infringes your intellectual property rights, please contact the Company at connect@marking.ai.

Privacy and Data Protection

8.1 The Company collects and uses personal information in accordance with its Privacy Policy, which is incorporated by reference into these Terms.

8.2 The Company takes reasonable measures to protect user data from unauthorized access, use, or disclosure. However, the Company cannot guarantee that user data will be completely secure.

Dispute Resolution

9.1 These Terms are governed by and construed in accordance with the laws of South Africa.

9.2 Any dispute arising from or relating to these Terms or the Platform shall be resolved through binding arbitration in accordance with the rules of the Association of Arbitrators (Southern Africa) NPC. The arbitration shall take place in Johannesburg, South Africa.

9.3 The arbitrator's decision shall be final and binding, and judgment may be entered upon it in any court of competent jurisdiction.

General Provisions

10.1 These Terms constitute the entire agreement between you and the Company regarding the Platform and supersede all prior agreements and understandings, whether written or oral.

10.2 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

10.3 The failure of the Company to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

10.4 You may not assign or transfer these Terms or any of your rights or obligations hereunder without the Company's prior written consent.

10.5 The Company may assign these Terms or any of its rights or obligations hereunder without notice to you.